SHERU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dtd. 20/10/2022 passed by learned Special Judge, POCSO Act Cases, Balotra in Cr.Misc. Bail Application No.262/2022, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.229/2022 registered at Police Station Sadar, District Barmer, for offences under Ss. 363, 366A, 376(3), 376(2)(N) of IPC and Ss. 5(I)/6, 11(IV)/12 of POCSO Act and Ss. 3(1)(w)(ii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel for the appellant submitted that the appellant who is aged about 20 years developed consensual sexual relationship with the prosecutrix. Drawing attention of the Court towards the statements of the prosecutrix recorded before competent criminal court as P.W.1, learned counsel submitted that the prosecutrix in her statements has stated that accused-appellant developed physical relation with her by making false promise of marrying her. Learned counsel further submitted that statements of the prosecutrix have already been recorded before competent criminal court, therefore, there is no apprehension of the appellant influencing the prosecutrix or tampering with any material evidence.

(3.) Learned counsel submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.